The clarion., 1887-04-06


president; but their successors shall b
4 appointed for terms of six years, excep,
| that any persons chosen 10 I'LL a vacancy
shall be appointed only for the unexpired
term of the commissioner whom he shall
succeed Any commissioner may be re.
moved by the president for inefieiency.
neglect of duty, or malfeasance in office.
| Not more than three of the commissioners
| shall be appointed fromsthe same political
| party No person in the employ of on
| holding any official relation TO any com
mon carrier subject to the provisions OF
| this act, or owning stock or bonds there
of, or who is in any manner pecuniarily
| interested therein, shall enter upon the
| duties of or hold such Office Said com
missioners shall not engage In any other
| business, vocation or employment. No
vacancy in the commission shall impair
to exercise all the powers of the COM
| mission.
Powers of the Commission.
Sec r. That the commission hereby
| created shall have authority TO inquire
| into the management Of the business of
| all common carrier2 subject to the pro-
visions of this act, and shall keep itself
| informed as to the manner and method in
have the right to obtain from such COM
mon carriers full and complete informa-
ton necessary to enable the commission
to perform the duties and carry out the
| objects for which it was created; and for
the purposes of this act the commission
shall have power to require the attendance
and testimony of witnesses and the pro-
duction of all books, papers, tariffs. con
tracts, agreements and documents relat-
ing TO any matter under investigation, and
to that end may invoke the aid OF any
court of the United States in requiring the
| attendance and testimony of witnesses and
the production Of books, papers and docu-
ments under the provisions of this section
Refusal to Testify Before Commission.
And any of the circuit courts of the
United States within the Jurisdiction of
which such inquiry is carried on may, in
case of contumacy or refusal to obey a
subpoena issued TO. any common carrier
subject to the provisions of this act, or
other person, issue an order requiring
such common carrier or other person to
appear before said commission and pro-
| duce books and papers if so ordered and
give evidence touching the matter in ques-
ton; and any failure to obey such order
of the court may be punished by such
court as contempt thereof. The claim
that any such testimony or evidence may
tend to criminate the person giving such
evidence shall not excuse such witness
from testifying; but such evidence or tes-
timony shall not be used against such per-
son ON the trial of any criminal proceed
ing.
Complaints to Commission-Reparati
by Common Carrier.
Sec. 13 That any person, firm, corpora
ton or association, or any mercantile
agricultural or manufacturing society, or
any body polite or municipal organiZa-
ton complaining of anything done or
omitted to be done by any common carrier
subject to the provisions of this act in
contrayention of the provisions thereof,
may apply to said commission by petition
which shall briefly state the facts; where
upon a statement of the charges thus
made shall be forwarded by the commits
sion to such common carrier, who shall
be called upon to satisfy the complaint or
to answer the same in writing within a
reasonable time, to be specified by the
commission. If such common carrier
within the time specified, shall make repa-
ration for the injury alleged to have been
done, said carrier shall be relieved of liza
bility to the complainant only for the par
ticular violation of law thus complained
of. If such carrier shall not satisfy the
complaint within the time specified, or
there shall appear to be any reasonable
ground for investigating said complaint,
it shall be the duty of the commission to
investigate the matters complained of in
such manner and by such meansas it
shall deem proper.
Investigation by Commission.
Said commission shall in like manner
investigate any complaint forwarded by
the railroad commissioner or railroad
commission of any state or territory at
the request of such commissioner or COM
mission, and may institute any inquiry
on its own motion in the same manner
and to the same effect as though COM
plant had been made
No complaint shall at any time be dis
missed because of the absence of direct
damage to the complainant.
Findings of Commission Prima Facie
Evidence.
Sec. IA. That whenever an investiga-
tion shall be made by said commission it
shall be it's duty to make a report in writ
ing in respect thereto, which shall include
the findings of fact upon which the con-
clusions of the commission are based, to-
gether with its recommendation or what
reparation, if any, should be made by the
common carrier to any party or parties
who may be found to have been injured;
and such findings so made shall thereafter
in all judicial proceedings be deemed
prima facie evidence as to each and every
fact found.
Reports of Investigations.
All reports of investigation made by
the commission shall be entered of record,
and a copy thereof shall be furnished to
the party who may have complained and
to any common carrier that may have
been complained of.
Notification to Common Carrier of Viola
ton of Act.
Sec 10. Tint if in any case in which an
investigation shall be made by said COM
mission it shall be made to appear to the
satisfaction of the commission, either by
the testimony of witnesses or other evil
dence, that anything has been done or
omitted to he done in violation of the pro-
visions of this act, or of any law cogniza-
BILE by said commission, by any common
carrier, or that any injury or damage has
been sustained by the party or parties
complaining, or by other parties aggrieFed
in consequence of any such violation, it
shall be the duty of the commission to
| forthwith cause copy of its report in re-
spect thereto to be delivered TO such COM
| mon carrier, together with notice to said
| common carrier to cease and desist from
such violation, or to make reparation for
| the injury SO found to have been done, or
| both, within a reasonable time, to be speci-
| fled by the commission; and if, within the
| time specified, it shall be made to appear
| to the commission that such common car
| rier has ceased from such violation Of law,
| and has made reparation for the injury
| found to have been done, in compliance
| with the report and notice of the commits
/ sion, or to the satisfaction of the party
| complaining, a statement to that effect
| shall be entered of record by the commits
| sion, and the said common carrier shall
| thereupon be relieved from further labi1-
| ity or penalty for such particular violation
| of law.
| Petition to Inise,4 States Courts-Hear-
| ing of Complaints Against Carriers.
| Injunction.
| Sec. 16. That whenever any common
carrier, as defined in and subject TO the
| provisions OF this act, shall violate or re-
| fuse or neglect to obey any lawful order
| or requirement of the commission in this
| act named. it shall be the duty of the
commission, and lawful for any company
or person interested in such order or re-
| quirement, to apply, in a summary way,
| by petition, to the circuit court of the
/ United States sitting in equity in the
1 judicial district in which the common
| carrier complained of has its principal
| office, or in which the violation or dis
obedience of such order or requirement
shall happen, alleging such violation or
disobedience, as the case may be; and the
said court shall have power to hear and
determine the matter on such short notice
to the common carrier complained of, as
the court shall deem reasonable; and such
notice may be served on such common
carrier, his or its officers, agents, or serv,
ants, in such manner as the court shall
direct; and said court shall proceed te
hear and determine the matter speedily as